[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Rules and Regulations]
[Pages 84693-84695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26662]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1719; Project Identifier 2008-NM-202-AD; Amendment 
39-22621; AD 2010-26-05R1]
RIN 2120-AA64


Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; removal.

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SUMMARY: The FAA is removing Airworthiness Directive (AD) 2010-26-05, 
which applied to certain Dassault Aviation Model Falcon 10 airplanes; 
Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G 
airplanes; Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 
airplanes; and all Model MYSTERE-FALCON 200 airplanes; Model FALCON 
2000 and FALCON 2000EX airplanes; Model MYSTERE-FALCON 50 and MYSTERE-
FALCON 900 airplanes; and Model FALCON 900EX airplanes. AD 2010-26-05 
required repetitive inspections for overpressure tightness on the 
pressurization control regulating valves and, if necessary, replacing 
the affected valve with a serviceable unit. The FAA issued AD 2010-26-
05 to address failure of the pressurization control regulating valve 
(overpressure capsule), which will affect the aircraft's overpressure 
protection. Since the FAA issued AD 2010-26-05, the FAA issued ADs 
2021-04-20, 2020-02-13, 2020-03-24, 2020-03-19, 2020-01-13, 2023-05-15, 
2023-04-10, 2023-02-13, 2023-04-18, and 2023-04-13 to address the 
unsafe condition. Therefore, the FAA has determined that AD 2010-26-05 
is no longer necessary. Accordingly, AD 2010-26-05 is removed.

DATES: This AD becomes effective December 6, 2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1719; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-

[[Page 84694]]

30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone: 206-231-3226; email: <a href="/cdn-cgi/l/email-protection#2652494b08544942544f4153435c6640474708414950"><span class="__cf_email__" data-cfemail="dbafb4b6f5a9b4bfa9b2bcaebea19bbdbabaf5bcb4ad">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by removing AD 2010-26-05, Amendment 39-16544 (75 FR 79952, 
December 21, 2010) (AD 2010-26-05). The NPRM was published in the 
Federal Register on August 29, 2023 (88 FR 59471). AD 2010-26-05 
applied to certain Dassault Aviation Model Falcon 10 airplanes; Model 
FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes; 
Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes; and all 
Model FALCON 2000 and FALCON 2000EX airplanes; Model MYSTERE-FALCON 200 
airplanes; Model MYSTERE-FALCON 50 and MYSTERE-FALCON 900 airplanes, 
and Model FALCON 900EX airplanes. AD 2010-26-05 was prompted by AD 
2008-0072, dated April 18, 2008, issued by the European Union Aviation 
Safety Agency (EASA), which is the Technical Agent for the Member 
States of the European Union (EASA AD 2008-0072) (also referred to as 
the MCAI). The NPRM was prompted by a determination that AD 2010-26-05 
is no longer necessary, because the actions specified in the MCAI have 
been included in the airworthiness limitations section of the existing 
maintenance manual. EASA issued AD 2008-0072-CN, dated October 5, 2020, 
which cancels EASA AD 2008-0072. Additionally, the FAA has issued the 
following ADs to address the unsafe condition by revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive maintenance requirements and airworthiness 
limitations, including the actions specified in AD 2010-26-05.
    <bullet> AD 2021-04-20, Amendment 39-21442 (86 FR 12802, March 5, 
2021), which addresses the unsafe condition for Model Falcon 10 
airplanes.
    <bullet> AD 2020-02-13, Amendment 39-19827 (85 FR 6744, February 6, 
2020), which addresses the unsafe condition for Model FAN JET FALCON, 
FAN JET FALCON SERIES C, D, E, F, and G airplanes on which the 
supplemental structural inspection program (SSIP) has been incorporated 
into the airplane's maintenance program.
    <bullet> AD 2020-03-24, Amendment 39-19848 (85 FR 11289, February 
27, 2020), which addresses the unsafe condition for Model MYSTERE-
FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes on which the SSIP 
(Dassault Service Bulletin 730) has been embodied into the airplane's 
existing maintenance or inspection program.
    <bullet> AD 2020-03-19, Amendment 39-19843 (85 FR 11280, February 
27, 2020), which address the unsafe condition for Model MYSTERE-FALCON 
20-C5, 20-D5, 20-E5, and 20-F5 airplanes, except those on which the 
SSIP (Dassault Service Bulletin 730) has been embodied into the 
airplane's existing maintenance or inspection program.
    <bullet> AD 2020-01-13, Amendment 39-19819 (85 FR 5313, January 30, 
2020), which addresses the unsafe condition for Model MYSTERE-FALCON 
200 airplanes.
    <bullet> AD 2023-05-15, Amendment 39-22384 (88 FR 22374, April 13, 
2023), which addresses the unsafe condition for Model MYSTERE-FALCON 50 
airplanes.
    <bullet> AD 2023-04-10, Amendment 39-22357 (88 FR 20743, April 7, 
2023), which addresses the unsafe condition for Model MYSTERE-FALCON 
900 airplanes.
    <bullet> AD 2023-02-13, Amendment 39-22320 (88 FR 8740, February 
10, 2023), which addresses the unsafe condition for Model FALCON 900EX 
airplanes.
    <bullet> AD 2023-04-18, Amendment 39-22365 (88 FR 15607, March 14, 
2023), which addresses the unsafe condition for Model FALCON 2000 
airplanes.
    <bullet> AD 2023-04-13, Amendment 39-22360 (88 FR 20741, April 7, 
2023), which addresses the unsafe condition for Model FALCON 2000EX 
airplanes.
    The NPRM proposed to remove AD 2010-26-05. The FAA is issuing this 
AD to remove AD 2010-26-05.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than 30 days, upon 
a finding of good cause. Since the FAA issued AD 2010-26-05, the 
actions specified in the MCAI have been included in the airworthiness 
limitations section of the existing maintenance manual, and the FAA has 
issued ADs to require the incorporation of those airworthiness 
limitations. Therefore, the FAA is issuing this AD to remove AD 2010-
26-05, and the FAA did not receive any adverse comments or useful 
information about this AD from U.S. operators that necessitates waiting 
30 days for relief from this requirement. Accordingly, the FAA finds 
that good cause exists pursuant to 5 U.S.C. 553(d) for making this 
amendment effective in less than 30 days.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
requires adopting this AD as proposed. Except for minor editorial 
changes, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator.
    This AD removes all actions of AD 2010-26-05. Therefore, the 
requirements of AD 2010-26-05 are terminated.

Related Costs of Compliance

    This AD adds no costs. This AD removes AD 2010-26-05 from 14 CFR 
part 39; therefore, operators are no longer required to show compliance 
with that AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil

[[Page 84695]]

aircraft in air commerce by prescribing regulations for practices, 
methods, and procedures the Administrator finds necessary for safety in 
air commerce. This regulation is within the scope of that authority.

Regulatory Findings

    The FAA determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2010-26-05, Amendment 39-16544 
(75 FR 79952, December 21, 2010), and
0
b. Adding the following new AD:

2010-26-05R1 Dassault Aviation: Amendment 39-22621; Docket No. FAA-
2023-1719; Project Identifier AD-2008-NM-202-AD.

(a) Effective Date

    This AD is effective December 6, 2023.

(b) Affected AD

    This AD replaces AD 2010-26-05, Amendment 39-16544 (75 FR 79952, 
December 21, 2010) (AD 2010-26-05).

(c) Applicability

    This action applies to the airplanes identified in paragraphs 
(c)(1) and (2) of this AD, certificated in any category.
    (1) Dassault Aviation Model Falcon 10 airplanes; Model FAN JET 
FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes; and Model 
MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes; all serial 
numbers, equipped with Liebherr or ABG-Semca pressurization outflow 
valves.
    (2) Dassault Aviation Model MYSTERE-FALCON 200 airplanes, Model 
MYSTERE-FALCON 50 and MYSTERE-FALCON 900 airplanes, and FALCON 900EX 
airplanes; and Model FALCON 2000 and FALCON 2000EX airplanes; all 
serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 21, Air 
conditioning.

(e) Terminating Action

    This AD terminates all requirements of AD 2010-26-05.

(f) Related Information

    For more information about this AD, contact Tom Rodriguez, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone: 206-231-3226; email: 
<a href="/cdn-cgi/l/email-protection#f0849f9dde829f9482999785958ab0969191de979f86"><span class="__cf_email__" data-cfemail="2d594240035f42495f444a5848576d4b4c4c034a425b">[email protected]</span></a>.

(g) Material Incorporated by Reference

    None.

    Issued on November 29, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-26662 Filed 12-5-23; 8:45 am]
BILLING CODE 4910-13-P


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